DEVELOPMENT STANDARDS SECTION 7 – MISCELLANEOUS STANDARDS 15 UTILITY EXTENSION AGREEMENT AND AGREEMENT WAIVING RIGHT TO PROTEST LID AND ANNEXATION THIS AGREEMENT is entered into on this_____________, between the City of Ellensburg, Washington, hereinafter referred to as the "City", a Washington Municipal Corporation hereinafter referred to as "the Owner.” RECITALS WHEREAS, the Owner is the owner of certain real property located in Kittitas County which is legally described as set forth in Exhibit 'A' attached hereto and incorporated herein by this reference as though set forth in full, and WHEREAS, the Owner's property is not currently within the City limits of the City, and WHEREAS, the Owner desires to connect to the City water and sanitary sewer utility system, hereinafter referred to as "the utility," and the City is willing to allow connection only upon certain terms and conditions in accordance with Chapter 2.48 of the Ellensburg Municipal Code, as now enacted or hereinafter amended, and WHEREAS, the City Council held a public hearing on this Agreement on __________during a regularly scheduled Council meeting, and authorized the Mayor to execute this Agreement on behalf of the City; NOW, THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties agree as follows: TERMS 1. Warranty of Title. The Owner warrants that he is the Owner of the property described in Exhibit 'A', which is attached hereto and incorporated herein by this reference, and is authorized to enter into this Agreement. 2. Extension Authorized. The City hereby authorizes the Owner to extend service to Owner's property (as legally described in Exhibit ‘A’) from existing utility facilities to be determined by the City. 3. Costs. Owner will pay all costs of designing, engineering, constructing and field inspection of the construction of the public improvements covered by this agreement. All construction shall be done to City standards and according to plans approved by the City Public Works Director. Any and all costs incurred by the City in reviewing plans and inspecting construction shall be paid for by the Owner. 4. Permits Easements. Owner shall secure and obtain, at Owner's sole cost and expense, any necessary permits, easements and licenses to construct the extension, including, but not limited to, all necessary easements, excavation permits, street use permits, or other permits required by federal, state, county and city governmental departments including, but not limited to, the Kittitas County Public Works Department, Kittitas County Health Department, State Department of Ecology, and City of Ellensburg. 5. Turn Over of Capital Facilities. If the extension of utility service to Owner's property involves the construction of water or sewer main lines, pump stations, wells, and/or other City required capital facilities, the Owner agrees if required by the City to turn over and dedicate such facilities to the City, at no cost, upon the completion of construction and approval and
